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January 17, 2006
Who Gets the Engagement Ring if the Marriage Is Called Off
This question seems to come up more often every year: Male caller: "Do I get the engagement ring back? She called off the wedding." Female caller: "Do I get to keep the engagement ring? He called off the wedding."I'm leaving out the "rest of the story" that always accompaniesthe reasonsthe wedding was called off. Why? Because it doesn't matter under Iowa law:In 1990, the Iowa Court of Appeals adopted the "no fault" approach: "[W]e hold an engagement ring given in contemplation of marriage is an impliedly conditional gift; it is a completed gift only upon marriage. If the wedding is called off, for whatever reason, the gift is not capable of becoming a completed gift and must be returned to the donor." Fierro v. Hoel, 465 N.W.2d 669, 672(Iowa Ct. App. 1990).
If you're interested in more on the subject of diamonds and broken promises, take a look at this dissenting opinion from the Pennsylvania Supreme Court in a 2002 decision.
Posted on January 17, 2006 in Property Distribution | Permalink
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Main
| Final Blow to Grandparent Visitation »
January 17, 2006
Who Gets the Engagement Ring if the Marriage Is Called Off
This question seems to come up more often every year: Male caller: "Do I get the engagement ring back? She called off the wedding." Female caller: "Do I get to keep the engagement ring? He called off the wedding."I'm leaving out the "rest of the story" that always accompaniesthe reasonsthe wedding was called off. Why? Because it doesn't matter under Iowa law:In 1990, the Iowa Court of Appeals adopted the "no fault" approach: "[W]e hold an engagement ring given in contemplation of marriage is an impliedly conditional gift; it is a completed gift only upon marriage. If the wedding is called off, for whatever reason, the gift is not capable of becoming a completed gift and must be returned to the donor." Fierro v. Hoel, 465 N.W.2d 669, 672(Iowa Ct. App. 1990).
If you're interested in more on the subject of diamonds and broken promises, take a look at this dissenting opinion from the Pennsylvania Supreme Court in a 2002 decision.
Posted on January 17, 2006 in Property Distribution | Permalink
TrackBack
TrackBack URL for this entry:
Listed below are links to weblogs that reference Who Gets the Engagement Ring if the Marriage Is Called Off:
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